As mentioned above, early termination of a commercial lease often requires you to pay the penalties provided for in the contract. Typical penalties for early termination of a commercial lease are not limited: if, at the end of the term of the lease provided for in paragraphs 24 to 28 of Article 24 to Article 28 MAL in 1954, the lessee cannot simply leave, but must be served at least three months in advance under Article 27 OF MAL 1954, to terminate the lease. Careful care should be taken to know who the rightful owner is and how and when termination is to be served. However, certain requirements must be met to ensure that the exercise of the right of break is valid. For example, the tenant must provide the landlord with a declaration of pause on the date, at the time and in accordance with a pause clause in the rental agreement, otherwise the termination may be invalid and the tenant remains responsible for the rent and all other responsibilities in the rental agreement. The commercial lease usually contains a clause obliging the tenant to return the premises to its original condition upon expiration or termination of the lease at the tenant`s expense. If the tenant does not comply with the obligation, the landlord can intervene to carry out the restoration and charge the tenant. This can be a very risky area. Some tenants think it is less difficult to pay the landlord for the work, but do not realize that they are putting themselves in a precarious situation. The tenant may find himself in a situation where he cannot control the speed and cost of the restoration. Therefore, it is always recommended that the tenant consult a lawyer before entering an early termination hearing with the landlord himself.
If assignment or subletting is allowed, a commercial tenant can find another party to take over their lease without penalty. However, it is important to remember that the landlord can always come after the original tenant if the subtenant does not make the payments indicated in the original contract. The question of whether you want to break your rental agreement is a serious decision in which you must be fully informed of all the consequences. Seek advice from a legal expert in contract law and an experienced professional real estate agent. If you had good advice before signing the lease, you should have an early termination clause that can protect you. One of the options for a tenant to prematurely terminate a commercial lease is to have a right of interruption in the rental agreement. A right of break is a provision of a rental agreement that allows a tenant (and sometimes the lessor) to terminate the lease prematurely. It can occur at one or more specified appointments or at any time during the duration of the rental, often referred to as « rolling ». It is the best scenario for a commercial tenant to have a right of break in favor of the tenant, as this gives him the opportunity to terminate the lease before the expiry of the term of the contract. Again, it is important that you fully understand the terms of your specific leases. As a general rule, commercial leases cannot be terminated simply because the tenant is unable to pay the rent. On the other hand, some commercial leases effectively allow the termination of a lease in situations where the business owner is unable to pay the rent.
Termination clauses in commercial lease agreements can also be very specific with respect to the reason for terminating the lease. In addition, commercial leases often require the tenant, landlord or, in most cases, both parties to purchase different types of insurance. Some commercial insurances can cover the landlord or tenant in case of inability to pay the rent….